Tuesday, June 28, 2011

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  • Googler
    07-08 05:41 PM
    no it will not be voilation of the law at all. consider this scenario thats been going on for the last 30+ years. For example July 2006 visa bulletin for EB2 india was jan 2003 and the August 2006 visa bulletin for EB2 india was unavailable. EB2 india visa numbers might have already been used up when the August 2006 visa bulletin was released but they still accepted the AOS petitions filed until the end of July 2006, they did not issue an updated visa bulletin or a revised visa bulletin saying eb2 india numbers are used up and they will not accept eb2 india aos applications, they continued accpeting AOS applications until the end of july 2006.


    Pitha -- you forget one very important thing -- they still wasted 10K visas in 2006. So in Aug and July they had not actually consumed all the visas -- they just expected to in August and didn't manage to.




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  • stldude
    08-13 03:20 PM
    I-140 approved from Texas.

    Congrats! Where is ur I140 approved from.




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  • googlegc
    08-25 07:48 PM
    California Service Center.
    GooglgeGC, which is ur processing center?




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  • sathweb
    01-30 01:05 PM
    You are already out of status as H1 accounts for continuous employment along with regular pay. H1 visa, job and pay go hand in hand. Any one component missing means you are out of status.

    There is no grace period. As the earlier member said, it is a gray area without any specific guidelines. I have seen people stay out of job (status) for 4 months and have used portability or consulate stamp upon getting a new job. It all depends on the IO.

    BTW, did you ever realize how unethical it is to use a consultant for acquiring a H1 visa without actually having a fulltime job? For last 7 years I am on H1 myself and have played by rules… I hate people who false represent the facts for immigration benefits.

    Because of people like you genuine candidates who have legitimate jobs are left out as you guys get lucky in the lottery even though you don’t have a regular fulltime job. My wife was forced to stay at home for almost 3 years because of people like you.. FYI she had a job offer (from a F500 Inc.) but people like you got lucky when it came to H1 lottery. Not just that but people like you give a bad name to legal immigrant community.

    What’s your problem man? You are mad because your wife did not get H1B/Job? What do you say to a American citizen who is saying that you took his job? It’s all part of the game. Everyone is trying to improve their life.

    How can you tell your wife is better? Your wife is doing exactly the same, converting from H4 to H1B. Did she have job offer when she came to USA? You must have come through some consulting company, what kind of offer letter you had when you came to US?

    Everyone is playing by the rules, otherwise we would not have been here. dont think you are the only one playing by the rules.
    How can you tell he/she is representing false?

    People like you are the ones who are dividing the community.



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  • madhuthomas
    08-20 09:49 AM
    I applied my EAD renewal on June 19th and AP on August 1st. Both are approved today(august 20th). The Ead status is Card Production ordered.

    PD- June 2003 EB3-I




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  • trueguy
    07-27 07:34 PM
    Its unfortunate that you ask us to UNITE and use 'EB2 elitist protectionism' in the same breath. I am not even going down the road of EB3 'smarter' than EB2 because a reverse argument is equally valid if not more. The law as stated above is what it is - there is a clear categorizaton established by law. If there is a level of frustration with it then a campaign to change it makes sense. However any proposed changes that arbitrarily assigns visa numbers just because 'my HR filed it the way it got filed' then you need to check with your HR and port over to EB2 - if you think your private US degree qualifies you for it. The position determines EB2 or EB3 and I'll leave it at that.

    I have no problems in people expressing their opinion in an open forum and lobbying for change. The devil is in the detail. If the change means taking the EB2 excess visas to give to EB3 purely based on length of wait then I have every right to present another point of view - elitist protectionism or not.
    I have only seen implications to this effect but nobody has come forward and said it plainly - yes we are EB3 and we want the EB2 excess visas because we have waited seven years. Everybody seems to imply it but nobody wants to call it as plainly as I stated it above. I am only presenting a counter to that.

    Seems like You are not waiting for GC for more than 8 years. You have not been separated from ur family for more than 3 years. Thats why you don't agree with EB3-I fight. Look at the PD for last 3 years. EB3-I is stuck in 2001 since early 2005. It has not moved in last 3 years and you are saying People should keep quiet about it. How selfish of you.



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  • Waitnwait
    12-16 12:50 PM
    I will recommend to read this book. Provides insights into your own personal nature and makes recommendations. Very helpful!




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  • bobzibub
    12-15 11:49 PM
    :D

    Well, my old carcass is getting too aged to handle that anymore. So now I ease off the sauce and go to the gym.
    But I do also try to notice and enjoy the silliness of the every day human condition. (Still to this day, I'm not sure why I mow my lawn, for instance.) A sense of humour is very important. Recognition that there are others less fortunate. And stay connected with friends socially.
    And also recognize that fact that a green card won't make me magically happier beyond the immediate jubilation. Yes it is good to regain the rights we lost coming to the US. To speeches I'll still smile, nod, even clap and think "what a bunch of nonsense!" for privacy is the true freedom that you still have. But I'll still work for a living. I'll still put on a dress shirt to impress clients I'll never see. I'll still try to spend more time creating than managing. Not simply because my h1b legally requires me to do so, but because managing is intellectually trivial. Or one could say that managing is the work of man, creation is the work of the gods. ; )

    Chin up!
    -b



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  • trueguy
    09-19 07:46 PM
    I agree with above analysis except 5% assumption is not good assumption. It might be 2% or less




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  • nick
    08-28 12:00 PM
    Still waiting for july 5th
    i 140 approved 09/06 from TSC
    i485/i765 send to TSC on 2nd they rec. 5th
    No rece yet



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  • franklin
    07-09 11:46 PM
    Please do find if U need permission from local law enforcement before holding the protest.

    Yes, we have already initiated this process.

    Vsach and all those interested in coming or organizing. The effort is being led by the Northern California State Chapter - please join up for more details (in sig)




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  • fetch_gc
    10-16 10:01 AM
    Hi gcspace,

    I'm still waiting for I485/765/131 receipts from NSC, filed on July 16th@11.16 am, signed by F.HEINAUER.

    Today is the 91st day and I do not know how many days we need 2 wait.



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  • tonyHK12
    02-18 06:32 PM
    thanks SGP, devmaha

    Total Contributions...........$6,675.00
    Amount to be raised.......$43,325.00
    .
    .




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  • h1bmajdoor
    07-08 05:07 PM
    In Fox News this afternoon, the senator has explicitly said that the Chicago lady does not have any "constituional rights" since she is not American citizen. Go figure what they think about us.

    she can say whatever. the courts have to agree.

    if she says that constitutional protections don't apply to non-citizens, they are essentially reinstating slavery.

    not that the constitution was against slavery.



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  • obviously
    07-27 11:13 PM
    It is indeed sad that you continue to pontificate from a perch of indifference and ignorance. We all know that the entire EB immigration system is not a zero sum game (just ask Ron Hira and his ilk). Sad thing is, when it comes to EB3 I's, EB 2's such as you suddenly transform into a Ron Hira lite ... going about throwing broad hints about how the system is setup the way it is ... to serve those 'higher in the pecking order'.

    If we were to buy this weak attempt at making a 'logical point', I would be glad to give Ron a call and have his folks look into YOUR respective EB2 applications and find out if there REALLY was "NO" qualified US worker available for that job. Want to play that game?

    Look, the EB system is what it is. Instead of trying to bait others into silence by suddenly finding 'fairness in this system', only because this part of the puzzle narrowly goes to serve / protect your gains ... try to come together to fix the underlying weakness in the system.

    For the record, I am not bitter about a 7+ year 'wait'. On the contrary, I have grown professionally thanks to the opportunity to focus my energies towards building a Billion dollar corporation. That said, I would LOVE to see the paperwork of EB2 Java 'gurus' and L1 converts stand up to true scrutiny ... and that would open a whole new can of worms. Game?




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  • dummgelauft
    09-23 08:31 PM
    EB-3 porting to EB-2 is ging to slow down EB-2. Everybody is fighting over this, btu has anybody tried to find actual number associated with porting? Mr. O said "thousand"..well..how many..4000, 5000, 10,000......all the calculation done on another thread already have accounted for about 6000 porting, per year..

    Remember folks, these days companies are shying away from immigration related stuff, so for an EB-3 individual to be able to file in EB2 is not as easy as it sounds. I personally know 4 guys, one IT and 3 non-IT, whose companies have simply refused to entertain any request for upgrading the EB category.

    So, laro matt..

    Help IV to work in the direction of STEM Exemption, Visa recapture, dependent count elimination, country cap removal etc. Personally, I think STEM exemption should be the easiest to accomplish, but hey, we all know the ground reality.



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  • Ushakiran
    05-10 01:28 PM
    Apparently, that guy is from ROW, and pretend being an Indian. otherwise, why he does not know India itself is a huge country with so many different languages, cultures, etc? isn't that diverse enough?

    EB based GC should NOT have Quota (.) We are already IN the system. How will it effect diversity. Diversity visa are meant for divesrsity. EB is skill based and only skill should be cared for,




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  • SunnySurya
    08-18 02:06 PM
    Well then you should have done it long time back . You are now going for your citizenship and everyone on this forum knows that.
    You forgot to mention (d)
    (d) logoff and close account at IV after getting GC




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  • sayantan76
    07-08 03:34 PM
    I thought we have made immense progress with regard to our moral standards so that one does not have to necessarily make significant personal sacrifices to upholds ones way of life and independence. That is why I believe this is be kind of a Civil rights/Equal Employment kind of case.

    It could be argued that the supreme court has given the government authority to discriminate based on country of origin for immigration purposes.

    Supreme Court does not give the Government the authority - Supreme Court does not make laws - the legislature (Congress) does - the judiciary can review the laws and decide that it violates the fundamental rights enshrined in the Constitution for Citizens or go against the basic fabric of the Constitution

    That could easily be justified for new people coming into the country. Albiet it is slightly different from the case of most of us, those who are already in the process at some stage. In our case, DOS/DOL/USCIS acknowledge that we should be granted permanent residence (based on Labor) and even on such basis, is willing to extend our visas/work status indefinitely. However, we are being limited to not change employer (in case 485 is not applied) and to not change the field of work (in case 485 is applied). I think this can be argued as a violation of Equal Employment Oppurtunity by the government by a competent lawyer. Employer cannot be forced to process any immigration related paperwork against its wishes - otherwise it would infringe upon their fundamental rights as a registered business entity incorporated within US; nor can the employer be forced to take a risk that it would spend time and money hiring and training someone on EAD only to risk losing that person in a year if the 485 gets denied and so on.Even if the court does not do anything, it will go a long way in people and common people realising these issues.

    I was surprised to find that even my cousin (who has been here since 1980) did not realise that the situation is so bad until we had a discussion about my status last christmas. Most just assume that a small minority of people with wierd/complicated cases are held up for longer then 2-3-4 years.

    I am bringing these out not because I am opposed to equal treatment of folks on H1/ EAD etc - but because there are legitimate arguments both ways and unless we can prove unequivocally that there is gross miscarriage of justice in denying us this right and on the other hand - there is no disadvantage caused to anybody else by granting us this right - this idea is unlikely to see the light of the day

    while i am happy to be proven wrong - i do not see anyone in this forum having a stomach for a protracted legal battle starting with lower courts and going all the way to Supreme Court - going back to my previous point - we do not see this as a "larger than me" cause




    smuggymba
    07-20 11:50 AM
    smuggymba,

    Do you have any numbers for advocacy effort participation in terms of EB2 vs EB3 ? You and some EB2 members on this forum seems to be suggesting that they are getting GCs faster because you they did some outstanding effort in terms of IV advocacy effort. Would you mind sharing some evidence in case you have some ?

    I didn't see EB2 guys overcrowding that event. There were well meaning, sincere members from both EB2 as well EB3.

    Please stop lecturing EB3 guys. If pappu or someone from leadership want to lecture us, it is fine. Not every jack and jill on this forum should lecture us.

    ok, let me put the matter to rest before you take it out of context. My observation was based on the thread that we had for collecting the amount..I didn't see many EB3 folks contribute dollars....but now that 2 EB3 are vouching that enough EB3 folks contibuted, that's great. I just observed something and if it hurt you right down the spine, sorry. I filed PERM 3 months ago, I'm far off in this process. Just focus on advocay so that everyone gets their GCs. Good luck. I hate this EB2 vs EB3, this is a never ending debate. Just hope everyone gets their GC in time.




    quiquincho
    03-06 06:22 PM
    You wouldn't have felt that way if you were EB-3 India sittinig for last 8 years, reading Visa Bulletins every months, just to find it still in Oct'2001...And if you ask USCIS what's going on they ask you 5K.

    I don't think you can tell if I had felt that way, the same way I cannot tell how you feel, but I understand your pain to some extent - I have been waiting for 2 years and probably have to wait a few more. All I am saying is that the country cap policy is not a form of discrimination.:)



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